Navigating the U.S. immigration system can be complex, particularly when it comes to adjusting one’s residency status. For those who obtained conditional permanent residency through marriage, filing the I-751 petition is a critical step in securing a permanent status. This article aims to provide a comprehensive guide on the I-751, Petition to Remove Conditions on Residence, to help you understand its importance, requirements, and process.    What is the I-751 Petition? The I-751 petition is used by conditional permanent residents who obtained their status through marriage to a U.S. citizen or permanent resident. Conditional residency is typically granted to people whose marriage was of less than two years at the time of the filing of the Adjustment of Status application. It is granted for a two-year period to ensure the marriage is genuine and not solely for immigration benefits. To remove these conditions and become a permanent resident, you must file Form I-751, Petition to Remove Conditions on Residence.   Who Needs to File the I-751 Petition?   You need to file the I-751 petition if: You are a conditional resident who obtained status through marriage. You are a child who obtained conditional residency at the same time or within 90 days of your parents.   Generally, both spouses must file the petition jointly. However, certain circumstances allow for a waiver of the joint filing requirement.   When to File the I-751 Petition?   The I-751 petition must be filed within the 90-day period before the two year completion of your conditional residency. Failing to file within this window can result in the loss of your conditional resident status and possible deportation.   Key Requirements for the I-751 Petition   1. Joint Filing: The petition is typically filed jointly by the conditional resident and their U.S. citizen or permanent resident spouse. 2. Evidence of a Bona Fide Marriage: You must provide evidence that your marriage is genuine and not entered into for immigration benefits. This can include: Joint financial documents (bank statements, tax returns) Evidence of shared residence (lease agreements, utility bills) Affidavits from friends and family Photos and travel documents   3. Waiver of Joint Filing Requirement: In certain cases, you may request a waiver for joint filing with a statement and proper relevant evidences. This can apply if: You entered the marriage in good faith but your marriage was annulled or terminated. You or your child were battered or subjected to extreme cruelty by your spouse. Terminating your status and being removed from the U.S. would cause extreme hardship.    The I-751 Petition Process   Prepare and Gather Documents: Collect all necessary documentation to support your petition. This includes the completed I-751 form, evidence of your bona fide marriage, and the appropriate filing fee. File the Petition: Mail your completed petition and supporting documents to the appropriate USCIS Address. Be sure to use a traceable mailing method. Receive Receipt Notice: After filing, you will receive a Form I-797, Notice of Action, which serves as a receipt notice and

A Writ of Mandamus is a lawsuit filed in the U.S. Federal District Court. Almost all immigration cases are eligible to use the writ of mandamus to request an order compelling an immigration agency of the United States to perform their duty, as required by 28 U.S. law Code § 1361, such as the adjudication of a long-pending visa application or petition, or to expedite their processing if such cases are experiencing an unreasonable delay. When it is both your “right” and the “duty” of government agencies to have a final determination on your case, you can file a Writ of Mandamus lawsuit. The government agencies have a non-discretional legal duty to complete the processing of applications within a reasonable time. According to 8 U.S.C. §1571(b), Congress has indicated that “processing of an immigration benefit application should be completed not later than 180 days after the initial filing of the application.” There may be many reasons for unreasonable delays in your immigration cases, but when a government agency delays in issuing a decision or adjudicating an application, a Mandamus lawsuit can be filed in the U.S. Federal District Court to compel action where there has been an unreasonable delay that causes harm to you or any other applicant. It is important to note that when a mandamus action is filed, the court does not have the power to approve or reject a case based only on its merits; instead, it only compels the government agency with jurisdiction over your application to act. No law or strict rule dictates how long someone has to wait before filing a lawsuit. However, it is appropriate to consider taking such action if your application has been pending for longer than 12 to 24 months or is time-sensitive. When filing a petition for a writ of mandamus, you (a petitioner or applicant) must show or establish the following- You Have a Clear Right to Relief The relief you’re requesting is not an order granting the benefit but rather an order requiring the agency to decide on your visa application. The Administrative Procedures Act (APA) clearly states that if a visa decision has been delayed for an unreasonable amount of time, the applicant can file a lawsuit called the “Writ of Mandamus” in federal courts of the United States. In the lawsuit, you can ask a federal judge to order the Executive Branch (including USCIS and the Department of State) to decide or adjudicate the case in a few months. There is a Clear Duty on the Agency to Perform the Act If a person has a right to apply for a benefit, then the agency has a clear duty to act on the application. The duty to act is often reflected in regulations, which generally require that the agency “shall” issue a decision. It is also relevant that Congress intended for USCIS to establish fees in an amount that covers the cost of adjudicating applications. Suppose USCIS charges and accepts a filing fee in an

IELTS test preparations can sometimes seem daunting. There may be a lot of concerns regarding the preparation for the particular test. Too many sections may faze you while you are taking mental notes for the test. However, there are a few ways to achieve your desired score in this language proficiency test that is required or accepted in almost all international universities. Let us see all the tips and tricks on how to master the IELTS test. Understanding the Grading Criteria First we have to look at a few sample questions of the test. This will help us to make a general idea regarding the marking criteria or how each question, task or segment are graded. This will help you gain insight into the difficulty level of the IELTS test.  And you will be able to plan ahead of anyone else, as soon as you have sufficient knowledge about the grading system. Planning for Each Test Segment IELTS tests your English Language skill on all four segments: Listening, Reading, Writing and Speaking. Each part has a different marking and timing criteria. Therefore it is wise to take preparation based on all the four segments. There are also many practice exercises in official resources and websites.  Now you may wonder how to gather so much information regarding the official websites. Let us look into our next step. Using Official Resources  There are many official websites that feature or post helpful guidelines regarding the IELTS examination. Cambridge, British Council and IELTS websites themselves provide a lot of helpful materials and content. However, different well known learning and training centers along with online publications like Magoosh, can also provide useful study tools for attending exams. That being said, books are your best friends! The more you read and practice, the better you will perform at the test. Take More Practise Tests How to practice for the IELTS tests at home? Simply you can collect or buy test papers from the market or buy subscriptions for online practice tools for IELTS. Sometimes if you are luckier, you can get them for free from community pages. Practicing will make you more confident with your answers. This will also help in time management with each segment as well as knowing the format of the questions. However, we need to move with a proper plan to learn new information and also master the old lessons.  That is where strategizing study schedules comes into picture. Create a Study Schedule and Strategy Planning and strategizing are important for preparing for any test. This stands true for the IELTS test as well. Booking the exam date will help you get the boost to start planning for the exam as having a deadline will create that urge to prepare for the exam. Having exams closing in will help to plan each day for a study session. However, remember to allow yourself enough time to prepare well and actually see some improvement in your English language and communication. Now, studying in traditional

For employers looking to hire foreign workers under the EB-2 or EB-3 visa categories, determining the prevailing wage for a job position is a crucial step in the labor certification process. The Prevailing Wage Determination (PWD) process ensures that the wage offered to foreign workers aligns with the wages paid to domestic workers in similar positions in the United States, protecting both international and domestic markets. According to the Department of Labor, “Prevailing wage is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.” It is possible to get a estimated prevailing wage by state depending on the Standard Occupational Classification (SOC) and the related requirements on O*net and U.S. Bureau of Labor Statistics. U.S. Department of Labor also has a Minimum Wage Table which contains the lowest amount of wage in a state. Navigating the complexities of PWD can be challenging and may impact the outcome of the application. One key element is the precise formulation of the job description, which significantly influences the wage level determination. Employers must carefully consider aspects such as job title, requirements, and Standard Occupational Classification (SOC) code. This blog explores common issues associated with prevailing wage determination and highlights critical elements to focus on. By understanding and avoiding these common pitfalls, employers can streamline their application process and ensure compliance with U.S. labor laws. (1)   Job Description: The job description is one of the crucial steps during PWD application, and it has to be very carefully formulated because the wage highly depends on it. There are basically three components to the job description:   ●       Job Title: Regarding preparing the job description, the initial step is establishing the job title. Generally, the title can vary as there are no strict standards or regulations with regard to its selection. It is often observed that jobs within the same category may possess different titles. Job titles being different does not necessarily mean that the quality of the job is different. However, it is recommended and safe to consider using a similar job title to the one provided as a samples on O*net Online. It is advisable to align or match the job title with those on O*net. For instance, while “Mechanical Engineer” is a commonly used job title, we aim to explore alternatives such as “Project Engineer” or “Test Engineer.” Now, it is mandatory to keep in mind that the job titles better reflect the roles within the Mechanical Engineer category. Recognizing that these titles are closely related to the Mechanical Engineer role is crucial. Failing to do so could result in changes to the SOC Codes associated with the job, consequently affecting the prevailing wage. When selecting a job title, it’s essential to ensure appropriateness with the job responsibilities. For instance, if the job primarily is of a “Loan Processor,” that is, it involves loan processing, labeling it as “Data Analyst” would be misleading and incorrect. As a result, such misalignment could lead to changes

Overview A major change to US asylum policy was made on May 11, 2023 with the introduction of the Circumvention of Lawful Pathways (CLP) Rule by the Biden Administration. By promoting legitimate immigration into the country, this regulation seeks to manage and lessen the difficulties associated with large migration rates. Even though the rule aims to create order at the borders, several legal and humanitarian issues have been brought up by it. We will examine the main elements of the CLP Rule and how they affect asylum seekers in this blog post. About the CLP Rule To address migration challenges, the Biden- Harris administration issued the CLP rule According to which, unless they satisfy certain requirements, noncitizens who unlawfully cross the nearby coastal borders or the southwest land boundary of the United States are not eligible for asylum. There are certain extremely compelling instances in which this “Presumption of Ineligibility” can be refuted, adding levels of difficulty to an already difficult procedure for asylum seekers.  Existing Permission to Enter Some Asylum seekers may have existing permission to travel to the U.S. This permission may have been sought through a parole process approved by the Department of Homeland Security (DHS). Moreover, the DHS has introduced Targeted Parole Programs for specific nationalities which allows them to enter the U.S. in an orderly manner. However, these pathways are restricted to a limited number of migrants and not accessible by all. CBP One Appointment The CLP regulation encourages people to enter the country through legal, secure, and well-organized channels. In order to expedite the procedure and decrease unapproved border crossings, asylum applicants are advised to make an appointment via the CBP One smartphone app. The CBP One mobile app, used by the Federal Agency responsible for border enforcement, allows migrants to pre-schedule asylum processing appointments. Asylum-seekers who arrive at ports of entry without having a previously scheduled appointment through the app are considered ineligible for asylum. In addition, those who are unable to prove that it was not possible to access or use the application due to severe technical issues, illiteracy, language hurdles, or other pressing issues, are also presumed ineligible for asylum. However, according to the recent Interim Final Rule that was released on June 4, 2024, failure to set an appointment due to technical difficulties with the app, illiteracy and language hurdles may no longer satisfy the requirements for being eligible for Asylum. Moreover, the new interim rule adds more restrictions for applicants crossing the southwest or nearby coastal borders in their relief applications. Denied Protection Elsewhere A migrant who received a final denial decision for asylum in a transit country, will fall under the exception to the presumption. In other words, if asylum seekers, passing through other countries, have sought for protection in those countries and have been denied, they may still be eligible for asylum in the U.S. under this exception. Rebuttal of the Presumption Apart from the exceptions, there are certain other Rebuttals to the Presumption of Ineligibility. Those

International adoption is a legal process enabling individuals and prospective parents to adopt a child from another country and bring them to the USA to live with them permanently. This pathway ensures the establishment of a lifelong, legal parent-child relationship across international borders. To finalize an inter-country adoption and bring a child to the United States, you must meet the requirements established by both the United States Citizenship and Immigration Services (USCIS) and the foreign country where you plan to adopt. The regulations in some foreign countries may include criteria such as a minimum income level, specific marital status, residency in the country for a certain period, and occasionally, adherence to certain religious beliefs. Difference between international and domestic adoption International adoption differs significantly from domestic adoption. Domestic adoption involves adopting a child born in the United States, often with significant involvement from the birth family or birth mother, especially in private adoptions, which are usually open. On the other hand, most international adoptions are closed. In domestic adoption, prospective parents only need to comply with U.S. laws. However, international adoption requires adherence to multiple regulations: Adoptive Parents Eligibility Requirements For Americans considering adoption, including those with disabilities and individuals in protected categories (such as age, sex, race, color, national origin, or religion), compliance with three sets of laws is necessary: U.S. federal law, the laws of the child’s country of origin, and the laws of your home U.S. state. Importantly, U.S. federal law does not have any law against adoption by persons with disabilities or those in federally defined protected categories from adopting. However, some countries from which children are adopted may have restrictions based on disabilities or may not permit adoption by single parents. Additionally, state laws in the U.S. can vary, adding another layer of requirements for prospective adoptive parents to navigate. The United States has specific qualification requirements that prospective parents must fulfill to adopt internationally. The international adoption requirements include the following: Eligibility of an Adopted Child The general rule is that the child must be adopted before turning 16 years old. If the child has a sibling who was adopted by the same parents, the age limit can extend to under 18 years. Different countries have different eligibility criteria for the children for adoption. Ineligibility for Adoptive Parents If one of the adopted parents is ever involved in a felony involving child abuse or neglect, domestic violence, child pornography or sexual assault, it is highly unlikely that they will be considered eligible to adopt a child.However, different countries have different ineligibility criteria for the adoptive parents. For example, Bangladesh allows only Bangladeshi citizens to adopt, Nigeria, Poland, Thailand adoption law do not allow same-sex parenthood for international adoption, Morocco requires the international adoptive parents to be Muslim and Nicaragua and Niger does not allow single parents to adopt from their countries. Therefore, it is really important to do your country and eligibility research while considering international adoption.  Adoption of children under Shari’a law Islamic